When facing DUI charges, a skilled defense attorney can provide invaluable assistance to the accused, deploying a variety of legal tactics to prove their innocence. It is no understatement to say that a good lawyer is the best asset a person can have to beat their charges. But what are these techniques? Here we will look at 4 tactics a DUI defense attorney may use to beat charges in court.
The first tactic a DUI lawyer may use is to call into question the accuracy of the breathalyzer test. Breathalyzer devices, while reliable, are not foolproof and make errors. The lawyer may argue that the results of the breathalyzer were not accurate. They may ask the court to take into account possible issues such as the wearers poor health, mouth alcohol, interference from radio waves or a misread of the result.
A further approach is to demonstrate that the accused was not impaired. Experienced lawyers may gather evidence such as video surveillance, diaries, and witness statements to prove that the accused was not driving in an impaired manner. This tactic is designed to demonstrate that even if the breathalyzer did read accurately, that there was no impairment that would have been caused by the alcohol consumption.
Another tactic a lawyer may use is to demonstrate any procedural errors on behalf of the arresting officer. This includes demonstrating that the officer failed to follow proper protocol when making the arrest. They may argue that the arrest was made without cause, or that the officer failed to explain the consequences of refusal to be tested. If these procedural errors can be proven, the court is more likely to be swayed in the favor of the accused.
Finally, for those who have refused to take a test, the lawyer may argue that they still should not be found guilty of DUI because no physical evidence indicting impairment exists in the case. This tactic relies on proving that there were reasonable grounds for refusing the test. This could include showing that the accused had a medical condition, or that the paperwork provided at the time was not clear.
Taking a deeper look into the strategies that a DUI defense attorney may use to beat charges in court, one is able to better understand and appreciate how the legal system works. By carefully and strategically utilizing these tactics, attorneys have the potential to get the charges dropped and avoid future disruption of life.
Another key factor in the success of these DUI defense tactics is the proactive attitude of the attorney. Attorneys are typically well-versed in the law and experienced in court proceedings, giving them the mental edge required to fight a case like this. An attorney should be persuasive but balanced, using both logic and emotion when arguing their case.
One particular tool that attorneys use to win cases is an understanding of physiognomy. This allows the attorney to evaluate the facial expressions and body language of those involved in the case. By being able to read into the expressions of the judge and the jury, an attorney can be better prepared for their arguments.
And finally, attorneys should know the law inside and out. That means having a thorough understanding of the charges, the evidence and the court system. Knowing how to apply all relevant laws to the case also gives an attorney a competitive edge. This is an essential trait found in the successful DUI defense attorney.
In conclusion, when dealing with the complex legal system, the only way to win is to hire a reliable and informed defense attorney. By understanding the tools and tactics a DUI lawyer may use to beat charges, one is more able to make an informed decision and successfully navigate the court proceedings. An experienced attorney is essential to ensure the best possible outcome in a DUI case.